Legal Question in Business Law in California

I am in a non-profit organization and want to send an e-mail merge to members informing them about an upcoming raffle.

The California Penal Code Section 320.5(f) states, that:

"A raffle may not be advertised, operated, or conducted in any manner over the Internet, nor may raffle tickets be sold, traded, or redeemed over the Internet. For purposes of this section, advertisement shall not be defined to include the announcement of a raffle on the Web site of the organization responsible for conducting the raffle."

Can I send my e-mail?

Thank you.

Asked on 2/03/10, 12:41 pm

2 Answers from Attorneys

Misty Wilks WilksLaw

According to that particular section, and without any further research, I would think so. If anything you could argue that the email was an announcement - although it does say 'web site'. You might want to read the beginning of the code to see if you can find the definitions. There may be specific definitions for web site' internet, email, etc. Check there and see if that clarifies it for you.

Good luck

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Answered on 2/08/10, 1:22 pm
Terry A. Nelson Nelson & Lawless

Email is part of the internet, do so at your own peril. Unless you know differently, and you don't or you wouldn't have asked, are you going to risk some bureaucrat defining it as such to suit his agenda to prosecute? Maybe if someone not affiliated sent it, but you are part of the sponsor.

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Answered on 2/08/10, 5:39 pm


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